Client Terms & Conditions
Effective From:
These Terms of Service (the “Terms”) constitute a legally binding agreement between Beauty Spot App Ltd, its subsidiaries, and affiliates ("Company," "we," "our," or "us") and Client (“you”, or “your”). These Terms will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between us and you for the use of our website https://www.beautyspotapp.co.uk/ (the “Website”), Beauty Spot App (the “App”), and any other services we offer from time to time by or in connection therewith (together referred to as the “Platform” or “Beauty Spot App”). The Platform is owned and operated by Beauty Spot App Ltd, a company registered in England under the company number 13681664, with its registered office at 71-75 Shelton Street, Covent Garden, London.
We provide a Platform for Clients (“Clients”), who are in search of hair and beauty services by specialists (“Service Providers”) proficient in their work and services. Our mission is to assemble the variety of Service Providers in and around the United Kingdom to connect them with Clients.
The services provided by the Platform include the aggregation of information about these Service Providers, enabling them to advertise their services to potential Clients via the App. We facilitate scheduling and concluding appointments for beauty services sought by the Clients, helping them to discover, compare, and book appointments with suitable Service Providers. Our goal is to streamline the process, making it easy for Clients to find the right beauty Service Providers effectively. (collectively referred to as “Services”).
Digital Acceptance of Terms:
You understand and acknowledge that Beauty Spot App serves as a medium wherein the Clients can easily schedule beauty and hair services appointments. . The Platform does not own, control, offer, or manage any beauty service listings on the Platform. We are not a party to the contracts entered into directly between Service Providers and Clients. Furthermore, we do not act as an agent for Clients or Service Providers in any capacity, nor are we a beauty service provider or organiser of beauty packages. Our role under these Terms is limited to administration and managing the Platform, including any Services made available to you on the Platform.
ACCESSING, BROWSING, OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms, you also accept and agree to be bound by our Terms of Service (governing the use of Service Providers) and Privacy Policy as amended from time to time. We encourage you to read the Terms of Service (governing the use of Service Providers) and Privacy Policy in conjunction with these Terms to better understand how you can update, manage, export, and delete your information. If you do not agree with anything provided herein, please do not use or access our Platform and/or
Services.
We reserve the unilateral right to change the particulars contained in these Terms from time to time, without notice to you and in our sole discretion. If we make any such revision in these Terms, we will update the effective date above and the revised Terms shall be effective from such date. You are required to frequently check these Terms and their effective date to understand the terms and conditions that apply to your use of our Services. Your continued
use of the Platform and/or Services following such modification constitutes your acceptance of the modified Terms of Service, whether or not you have read them.
Further, we may change, suspend, and/or discontinue the Services at any time, including the availability of any feature, database, and content on the Platform. We may also restrict your access to parts and/or all of the Platform without notice in the event of technical disruptions or other similar events and we shall not be liable to you in such cases.
1. ELIGIBILITY:
We welcome individuals to utilise our Services, subject to adherence to these Terms of Service. To ensure clarity, individuals, who use our Platform and/or Services to book personal hair and beauty services offered by the Service Providers represent and warrant that you meet the following eligibility criteria:
1.1. You are not under the age of 13 years.
1.2. If you are over the age of 13 but under the age of 18, you have obtained your parent/guardian’s permission to access the App.
1.3. You are 18 years old and capable of forming a legally binding agreement.
1.4. You demonstrate the intention and capacity to utilise our Services effectively;
1.5. You have the authority to enter into agreements and comply with the terms outlined in these Terms on behalf of the entity; and
1.6. You must comply with applicable laws, regulations, and policies when using our Platform and/or Services. It is your responsibility to ensure that your use of the Platform does not violate any laws or regulations in your jurisdiction.
Please note that if you have been previously suspended or prohibited from accessing our Services by us or any competent authority, you are not allowed to use our Platform. Additionally, if you are engaged in or intending to engage in any activity that is illegal under applicable law, including but not limited to fraud, money laundering, and terrorism financing, you are prohibited from using our Platform and/or Services. Lastly, individuals with conflicts of interest that would prevent them from complying with these Terms or that would pose a risk to the integrity of the Platform are also not permitted to use our Services.
2. ACCOUNT CREATION AND REGISTRATION:
2.1. Account Registration:
2.1.1. Clients are required to download the App from Google Play or Apple Store to
utilise our Services.
2.1.2. To access the App, Clients must register with us by setting up a Client account (the “Account”). To create an Account, you must provide accurate, current, and complete information. This includes, but is not limited to, a full name, mobile number, password, and email address. Clients understand that registration on the Platform is mandatory, without which you will not be able to access the Platform and our Services.
2.1.3. Alternatively, you also have the option to create an Account by using Google or Apple account credentials.
2.1.4. Once you have registered, you may not log out/sign out every time you leave the App. If you log out/sign out, you should log in/sign in to your Account using
the same credentials provided during the initial registration process.
2.2. Account Security and Update:
2.2.1. You are responsible for safeguarding your Account credentials and preventing unauthorised access to your Account. Any unauthorised use of an Account
must be reported to the Company immediately for investigation.
2.2.2. If you suspect that unauthorised access has been made to your Account, you must notify us immediately by email at help@beautyspotapp.co.uk. We will investigate any alleged unauthorised Account activity. Notwithstanding any other terms pertaining to our right to disable or block access to your Account,
we reserve the right to disable or block your Account at any time when it is suspected that unauthorised access has been made to your Account.
2.2.3. If you share or allow others to have access to your Account, you assume exclusive liability and responsibility for all activities conducted under your Account, as well as any resulting consequences.
2.2.4. You acknowledge and agree that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any
information under your Account.
2.3. Client Responsibilities:
You agree:
2.3.1. to fully comply with all applicable laws and any other contractual terms that govern your use of the Platform (and any related interaction or transaction) and/or Services;
2.3.2. to provide your Account information accurately and failure to maintain such accurate information may result in the inability to access and use the App;
2.3.3. to maintain the confidentiality of your password and take responsibility for all activities associated with your Account. We retain the right, at our sole discretion, to revoke, reclaim, or modify a name you choose if we deem, in our judgement, that such name is inappropriate, obscene, or otherwise
objectionable;
2.3.4. to not create an Account on behalf of anyone other than yourself without their permission. Additionally, using a name with the intent to impersonate another
person, or using an Account that is subject to the rights of someone else without proper authorisation, is not allowed;
2.3.5. to not assign or transfer your Account to any other person or entity;
2.3.6. to provide proof of identity to access or use the Services in certain cases. Refusal to provide proof of identity may result in denial of access to or use of
the Services;
2.3.7. that we shall not bear any liability or responsibility for the activities or consequences arising from the use or misuse of any information under your
Account, including without limitation, situations where you have neglected to update your mobile phone number and/or email address on the Platform;
2.3.8. that in the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision;
2.3.9. that we do not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or your compliance therewith; and
2.3.10. to comply with all applicable laws and use the Services only for lawful purposes.
2.4. Account Suspension and/or Deletion:
2.4.1. You agree to promptly inform us of any unauthorised use of your Account. In the event of a suspected security breach or misuse of your Account, we reserve the right to request a password change or suspend your Account, without incurring any liability to the Company, for a duration deemed appropriate in the
circumstances. We disclaim any responsibility for any loss or damage resulting from your non-compliance with this provision.
2.4.2. You shall be solely responsible for the accuracy and correctness of all such details/information given by you during Account setup. If we have reason to doubt the correctness of any details/information furnished by you or in case any information furnished by you is found incorrect, false, or misleading, we reserve
the right to cancel or suspend your registration permanently or for such period as we deem fit.
3. ACCESS OUR PLATFORM AND/OR SERVICES:
After setting up the Account, Clients gain access to a range of features designed to enhance their experience in finding and booking services from Service Providers:
3.1. Searching and browsing:
3.1.1. The Clients can navigate through the App to find Service Providers that may fit into their criteria. You may browse by location, service type, Service Provider
name or by viewing a comprehensive list of Service Providers available on the App. This list can be sorted by several parameters such as service type, price,
location, and rating, allowing Clients to efficiently find the most suitable Service Provider for their needs. You may utilise these filters to further tailor your search results to meet your specific preferences.
3.1.2. You have the option to give the necessary permission to locate your mobile or such other device, so that the App can display the nearby Service Providers
3.2. Perusal through Business Profiles: The Clients can browse through different profiles of the Service Providers (the “Business Profile”) to peruse their respective list of services, prices, contact information, booking policies (“Booking Policy”), applicable discounts, and gallery (which includes images and/or videos of the Service Provider’s work. Additionally, Business Profiles include Reviews from previous Clients, providing insights into the service quality and overall Client experience. You also have the option to leave a Review on Business Profiles of the Service Providers, subject to Clause 7 of these Terms. You will be able to add your usual or favourite Service Providers in the section of “favourites” in your Account.
3.3. Book an appointment:
3.3.1. The Client may book an appointment (“Booking(s)”) with the Service Provider(s) of their liking and convenience. You can see the availability of
Service Providers on their Booking Profiles.
3.3.2. Subject to the terms outlined in Booking Policy of the concerned Service Provider, you are required to pay a security deposit (“Deposit”) to secure the
Booking. You perceive that without the payment of the Deposit the Booking shall not be deemed as confirmed. The amount of the Deposit is discretionary and ultimately determined by Service Providers and will be clearly outlined in their Booking Policy. The Clients also have the option to pay the full service
amount quoted by the Service Providers (“Advance Payment”).
3.3.3. The Clients may apply promotional codes and/or discounts, if created and made available by Service Providers and/or Beauty Spot. Clients shall be able to see any such applicable promotional code and/or discounts at the time of Booking.
3.3.4. The Clients shall receive email and SMS reminders about their appointments, on the registered contact information. Such reminders will include the timing of the Booking, details of the services requested and the full address of that Service Provider. Furnishing full address in the Business Profile is discretionary
for the Service Providers. The Clients shall receive the full address of the Service Provider 48 hours prior to their Booking.
3.3.5. Booking Issues:
In the event of any issues or concerns regarding a Booking, Clients are encouraged to contact us at help@beautyspotapp.co.uk for assistance. Our team is available to help resolve any disputes or address any
problems that may arise during the Booking process.
3.4. Cancelling your Booking:
3.4.1. Cancellation by Clients:
3.4.1.1. The Clients have an option to cancel their Booking anytime before the commencement of such appointment. Clients must read and understand the terms of Booking Policy put forth by the concerned Service Providers, wherein the notice period for cancellation of the Booking (“Cancellation Window”) is stated by them. In such cases, refund shall be determined by the refund policy mentioned below. Clients are responsible for familiarising themselves with the specific Cancellation Windows and conditions outlined by the Service Providers at the time of Booking and must adhere to Booking Policies to qualify for any applicable refunds. It is important to note that we shall not be held liable for any losses arising from such cancellation.
3.4.1.2. In the event of any cancellations, Clients will have the option to either rebook the cancelled appointment, subject to the availability of the Service Provider, or schedule a new appointment for a different date and time.
3.4.2. Cancellation by Service Providers: Service Providers may cancel your appointment at any time before the commencement of such appointment, due
to unforeseen circumstances. In cases of such cancellation, refund shall be determined by the refund policy mentioned below.
3.5. Refunds on Booking Cancellation:
3.5.1. In the event of cancellation by Clients within the Cancellation Window in the Booking Policy, the Deposit or Advance Payment shall be refunded in full. If
Clients fail to cancel the Booking within the Cancellation Window, they will not be liable to get the Deposit back, as it will become non-refundable in that case. The Clients shall be eligible to be refunded with such extra amount paid at the time of the Booking, in case of Advance Payment.
3.5.2. In the event of cancellation by the Service Provider, due to unforeseen circumstances, the Clients are eligible to receive the full refund of the amount
paid by them, including the Deposit.
3.6. The App has the tools and features for the Clients to report any problem regarding the functioning of the App and/or Services. The Clients are able to send us
queries/issues, for which they will receive a response from us via email.
3.7. The Clients shall be at liberty to terminate their Accounts at any time. Following the termination of your Account or Services, we reserve the right to delete all data in the normal course of operation. Data cannot be recovered once your Account or Services is terminated.
4. PAYMENT TERMS:
4.1. All payments made on the Platform by you shall be compulsorily in British Pound Sterling (GBP). The Platform will not facilitate transactions concerning any other form of currency with respect to the purchases made on the Platform. If you choose to pay using a different currency, the applicable conversion rate will apply, and any conversion costs will be borne by you alone.
4.2. You agree and understand that we use Stripe (“Payment Processor”) as a provider of payment gateway services on the Platform. You acknowledge that any payment made on the Platform shall also be subject to the terms and conditions of Stripe which can be found here.
4.3. Offline fee: Clients agree and understand that they shall not request or book an appointment, or make any payment outside of the Platform to avoid paying fees, taxes, or for any other reason unless expressly authorised by us. You agree to not circumvent the Platform.
4.4. By accepting these Terms, you expressly authorise us and our Payment Processor to electronically collect, process, facilitate, and remit payments, including the transaction amount, through electronic means between you and the Service Providers on the Platform.
4.5. You are authorised to use valid credit/debit cards, or any other accepted payment methods, including online banking facilities, for transactional activities on our Platform. You are required to provide accurate and complete details of their credit/debit cards or online banking accounts. It is your responsibility to ensure the correctness of the information provided, and any incurred costs, expenses, losses, or damages resulting from the submission of incorrect details are solely your responsibility.
4.6. We disclaim any responsibility and liability for any loss or damage incurred by you during the utilisation of available payment methods on the Platform. This includes but is not limited to, instances such as:
4.6.1. lack of authorisation for a transaction;
4.6.2. exceeding the mutually agreed preset limit between you and the respective bank;
4.6.3. payment issues arising from the transaction; and/or
4.6.4. transaction being declined due to any other reasons
4.7. You acknowledge, understand, and agree that the payment facility provided by us constitutes neither a banking nor financial service. Instead, we function as a
facilitator, offering an electronic, automated online payment, and remittance facility for transactions on the Platform through the existing authorised banking infrastructure and credit card payment gateway networks. It is imperative to clarify that, in providing the payment facility, we assume neither the role of a trustee nor engage in a fiduciary capacity concerning the transaction, thereby absolving itself from such
responsibilities.
4.8. We affirm that the information provided by you in this regard will be treated as confidential and will not be divulged to any third party, except as necessitated by the applicable laws, regulations, and/or processes of any government authority, and/or in connection with any judicial proceedings pertaining to legal actions, suits, and/or proceedings arising from or related to these Terms.
4.9. We diligently report and pursue both confirmed and suspected instances of credit/debit card fraud. We may request additional authorization from you and the decision to seek further authorization rests solely with us. We retain the right to annul, postpone, decline delivery, or retract any transaction in case of suspected fraud. We shall not be held liable to you or Service Providers for any losses arising from such cancellation.
4.10. During the transaction process, the payment processor may collect specific information such as User ID, time, date, IP address, and other relevant details aimed at identifying individuals involved in fraudulent activities. In cases where a transaction is suspected to be fraudulent, all records will be provided, with or without a notice, to law enforcement agencies and the credit/debit card company for a thorough fraud investigation. We are committed to collaborating with authorities to ensure the prosecution of offenders to the maximum extent permitted by law.
4.11. You can manage your payment settings through your Accounts. Payments are processed securely through the Platform's designated payment gateway.
5. DAMAGE CLAIM POLICY:
5.1. The Clients understand and agree that a contract is established directly between the Client and the Service Provider upon receipt of the Booking Confirmation. If for any reason Client has any issue with the services extended by the Service Provider, it is up to them to contact that Service Provider directly, as we are not liable to intervene, as we are the facilitators in connecting the two parties. In case of any grievances related to any service, the Company shall not be liable in any manner.
5.2. The Clients acknowledge and agree that we will not be liable to pay any compensation or damages to either party in the event of any damage or loss.
Further, the Company shall not be obligated to facilitate settlements and it shall not be personally liable for such payments.
6. CONTENT GUIDELINES:
6.1. In your use of the Platform, you may upload, post, provide, publish, display, link to, or otherwise make information necessary for the Services available via the Platform (collectively “Content”). You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate, and distribute Content within the scope of the Platform's functionalities.
6.2. If the Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy.
6.3. You acknowledge that we may or may not pre-screen Content. However, we retain the right (but are not obligated) to pre-screen, refuse, or remove any Content and/or services from the Platform at any time, for any reason. This includes, but is not limited to, instances where we receive claims, allegations, or complaints from third parties and/or authorities related to such Content.
6.4. Your contribution to Content is subject to the understanding that it aligns with applicable laws and regulations. Additionally, you are required to ensure that the Content does not infringe upon the intellectual property rights of any third party. Prior to providing such Content, you must obtain the necessary permissions, authorisations, or licences for trademarks, copyrightable works, or any other relevant intellectual property owned or controlled by a third party.
6.5. You represent and warrant that you have ownership, control, and responsibility for the Content you post or otherwise make available on our Platform, or otherwise have the right to do so. Your Content must not be misleading or unlawful, and must not violate any of these Terms, applicable laws, and regulations, or infringe or misappropriate any rights of any person or entity. We may remove your Content at any time, at our sole discretion, if we have a concern about your Content.
7. REVIEW POLICY:
The following terms constitute “Review Policy”
7.1. Clients may provide accurate and unbiased feedback and review (“Reviews”) after utilising the service(s) of any Service Provider, avoiding defamatory, obscene,indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable language.
7.2. Reviews must not:
7.2.1. cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
7.2.2. involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising on behalf any other person;
7.2.3. promote any illegal activity, or advocate, promote, or assist any unlawful act;
7.2.4. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
7.2.5. infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
7.2.6. violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service, or our Privacy Policy.
7.3. Coercion, intimidation, or manipulation to influence reviews, including offering compensation for positive reviews or threatening consequences for negative ones, is strictly prohibited.
7.4. Reviews should not be exchanged for value, such as discounts, refunds, or reciprocal reviews.
7.5. Reviews must be based on genuine experiences and should not be used to harm or endorse other Service Providers and must not be used to deceive or mislead others.
7.6. Reviews must offer relevant information about the reviewer’s experience to assist other Clients in making informed decisions.
7.7. Reviews from Clients who never arrived or had to cancel due to unrelated circumstances may be removed upon request.
7.8. Violations of the Review Policy may result in the removal of the Review and associated content, as well as potential restrictions or suspension of the Account.
7.9. You agree that local laws and regulations may impact the application of the Review Policy.
7.10. You acknowledge that any of the reviews is not endorsed by us, and do not represent the opinions or the views of the Company. We do not assume liability for any Review or for any claims, liabilities, or losses resulting from any review.
7.11. We may accept, reject, or remove Reviews at our sole discretion. We have the right to screen Reviews or to delete Reviews, if anyone considers Reviews objectionable or inaccurate.
7.12. If you find any Reviews on the App to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, or non-compliant with the required criteria, please email us at help@beautyspotapp.co.uk. On receipt of your complaint, we may remove or block access to the Review complained of.
8. MANAGEMENT OF OUR PLATFORM
We reserve the right, but not the obligation, to:
8.1. We may monitor the App for any violations of these Terms. This includes reviewing your activities and contributions to ensure compliance with our policies and
applicable laws.
8.2. We may take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms. This may include, without limitation, reporting you to law enforcement authorities and cooperating with legal investigations.
8.3. In our sole discretion and without limitation, we may refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof. This action may be taken without prior notice if we determine that such contributions violate these Terms or pose a risk to the Platform's integrity.
8.4. Without limitation, notice, or liability, we may remove from the App or otherwise disable all files and content that are excessive in size or in any way burdensome to our systems. This is to ensure the efficient operation and maintenance of the App.
8.5. We may manage the App in a manner designed to protect our rights and property and to facilitate the proper functioning of the App. This includes implementing security measures, user support protocols, and system optimisations.
9. INTELLECTUAL PROPERTY RIGHTS:
9.1. Ownership Rights:
9.1.1. You acknowledge that no ownership of the Platform is being transferred. All rights, Intellectual Property, and interests in the Platform remain the exclusive
property of the Company, its affiliates, or its licensors.
9.2. Intellectual Property Rights:
9.2.1. All rights, title, and interest in and to the Platform, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates, and widgets, literary work, source, and object code, computer code (including HTML), applications, audio, music, video and other media, designs, animations, interfaces, documentation,
derivatives and versions thereof, the “look and feel” of the Platform Services, methods, products, algorithms, data, interactive features and objects,
advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customised URLs, trademarks, service marks, trade names and other
proprietary identifiers, whether or not registered and/or capable of being registered (collectively,
“Intellectual Property”), and any derivations thereof, are owned by and/or licensed to the Company.
9.2.2. Subject to the provisions of these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use our Platform strictly for its intended purposes. This licence explicitly does not confer any ownership rights to you, and any unauthorised use constitutes a material breach of these Terms.
9.2.3. All copyright and other intellectual property rights in the material on our Platform are reserved.
9.2.4. All intellectual property rights discovered, developed, or otherwise coming into existence as a result of, for the purposes of, or in connection with, the Platform or the provision of any Services will automatically vest in and are assigned to us, including any enhancements, improvements and modifications to the
Intellectual Property. You must not represent to anyone or in any manner whatsoever that you are the proprietor of the Platform and/or Intellectual Property.
9.2.5. We respect the intellectual property rights of others, and you are expected to do the same. Uploading, posting, or otherwise transmitting any content that
infringes on the Company's or any third party’s intellectual property rights is strictly prohibited. We reserve the right to promptly remove any infringing content.
9.2.6. These Terms of Service permit you to use the Platform for your personal use only. This means you are not permitted to resell or give away any of the content
you view or download. You are not permitted to reproduce, modify, create derivative works of, publicly display, publicly perform, or republish any of the
material on our Platform, except as follows:
9.2.6.1. Your computer may store copies of such materials in RAM incidental to your accessing and viewing those materials.
9.2.6.2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
9.2.6.3. You may print or download a reasonable number of pages of the Platform for your own personal use and not for further
reproduction, publication, or distribution.
9.2.6.4. We provide desktop, mobile, or other applications for download, you may download a single copy to your computer
or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user licence
agreement, if any, for such applications.
9.2.6.5. If we provide social media features with certain content, you may take such actions as are enabled by such features.
9.2.7. You must not:
9.2.7.1. Modify copies of any materials from this Platform.
9.2.7.2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
9.2.7.3. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
9.2.8. These Terms do not convey any right or interest in or to the Company’s Intellectual Property (or any part thereof), except only for the limited licence
expressly granted above. Nothing in these Terms constitutes an assignment or waiver of the Company’s Intellectual Property rights under any law.
10. REPORT COPYRIGHT INFRINGEMENTS:
10.1. You agree not to upload or transmit any communications or the Content that infringes or violates the rights of any party while using the Platform. We do not permit infringing materials to remain on the Platform and encourage you to promptly notify us if they believe any materials on the Platform, including advertisements or linked Content, infringe third-party copyrights.
10.2. Upon receipt of a proper notice of claimed infringement under the Copyright, Designs and Patents Act 1988 (the “Act”), we will respond promptly to remove or disable access to the allegedly infringing material. We will follow the procedures specified in the Act to resolve the claim between the notifying party and the alleged infringer responsible for the Content.
10.3. To report copyright infringement issues, please reach out to us at help@beautyspotapp.co.uk.
10.4. We reserve a right to terminate contractual relationships with third parties who repeatedly infringe the copyrights of others.
10.5. In the event that we receive notice regarding a copyright infringement, we may cancel your Account, or remove the Content or any part thereof in our sole discretion, with or without prior notice to you. Any notices filed pursuant to this, may be deemed accepted, applicable, and compliant with the Act, or not, at our sole reasonable discretion. We reserve the right to notify the person or entity providing the infringement notice of such an action and provide any details included therein.
10.6. The Company has no obligation to monitor or enforce any intellectual property rights that may be associated with the Content provided to us, but the Company does have the right to enforce such rights through any means it sees fit.
11. LICENCE FOR USE:
11.1. Mobile Application Licence: We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic
devices owned or controlled by you. You are granted access to use the App strictly in accordance with the terms and conditions of this mobile application licence contained in these Terms. You agree not to use the App in violation of Clause 12 of these Terms. You understand that a breach of this Clause 11 may constitute a criminal offence under the Computer Misuse Act 1990. It will be incumbent upon us to report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by any means allowed by law. In the event of such a breach, your right to use our Platform will cease immediately.
11.2. Apple and Android Devices: The following terms apply when you use the App
obtained from either the Apple Store or Google Play (each an 'App Distributor') to access the Platform:
11.2.1. The licence granted to you for our App is limited to a non-transferable licence to use the application on a device that utilises the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
11.2.2. We are responsible for providing any maintenance and support services with respect to the App as specified in these Terms or as otherwise required under
applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to
the App.
11.2.3. In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor. The App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.
11.2.4. You must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App.
11.2.5. You acknowledge and agree that the App Distributors are third-party beneficiaries of these Terms. Each App Distributor will have the right (and will
be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
12. ACCEPTABLE AND PROHIBITED USES:
12.1. Subject to your compliance with these Terms, including the 'Prohibited Uses' defined in Clause 12.6 below, we grant you a non-exclusive, non-transferable,
revocable licence to:
12.1.1. access the Platform and/or Services; and
12.1.2. downloading the Content or any part of it, provided by you for utilising our Platform.
12.2. Subject to compliance with these Terms we may offer to provide the Services, as more comprehensively described on the Platform. These Services, selected by you, are intended solely for your own use and are not to be used or exploited for the benefit of any third party.
12.3. The provision of Services will be carried out on a best-efforts basis. We do not provide any warranties for the continuous availability or the accuracy of the Content.
12.4. We explicitly disclaim any responsibility for any harm resulting from the use, viewing, or downloading of any Content from the Platform. If you choose to access or use the Content, it is your responsibility to take necessary precautions to protect yourself and your mobile or any other device from viruses, worms, Trojan horses, and other harmful or destructive content. You acknowledge and agree that we shall not be liable for any damages that may arise from your use of the Content on the Platform.
12.5. You agree to be polite and respectful when you communicate or interact with others on the Platform or otherwise.
12.6. Prohibited Uses:
12.6.1. While using the Platform and/or Services, you consent to abstain from activities that contravene these Terms, encompassing fraudulent acts, spamming,
hacking, and any actions that could disrupt the operations of the Platform.
12.6.2. While using the Platform you are strictly prohibited from assuming the identity of others indulging in any conduct that may falsely represent their identity.
12.6.3. You shall not edit or otherwise modify any material on our Platform unless you own or control the relevant rights in the material.
12.6.4. You are also expressly prohibited from: (i) republishing or redistributing material from our Platform; (ii) selling, renting, or sub-licensing material from our
Platform; (iii) showing any material from our Platform in public; or (iv) exploiting material from our Platform for a commercial purpose.
12.6.5. You are prohibited from probing, scanning, or testing the vulnerability of our Platform without our permission.
12.6.6. You agree not to submit, transmit, or display the Content or any part thereof, or use in a context, that may be deemed as defamatory, libellous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of the Platform or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise
shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.
12.6.7. You agree not to publish and/or make any use of the Platform and/or Services on any website, media, network, or system other than those provided by the Company, and/or frame “deep link”,“page-scrape”, mirror, and/or create a browser or border environment around any of the Services and/or Platform (or any part thereof), except as expressly permitted by the Company, in advance and in writing.
12.6.8. You are prohibited from using our Platform to copy, store, host, transmit, send, use, publish, or distribute any material that consists of or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or othermalicious computer software.
12.6.9. You are prohibited from decrypting or deciphering any communications sent by or to our Platform without our permission.
12.6.10. You shall not conduct any systematic or automated data collection activities, which include without limitation scraping, data mining, data extraction, and data harvesting on or in relation to our Platform without our express written consent.
12.6.11. You shall not use our Platform or Services except by means of our public interfaces.
12.6.12. You shall not use data collected from our Platform for any direct marketingactivity, including without limitation email marketing, SMS marketing, telemarketing, and direct mailing.
12.6.13. You agree not to remove or alter any copyright notices, watermarks, restrictions; and signs indicating proprietary rights of any of our licensors, including copyright mark [©], creative commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Services and/or Platform.
12.6.14. You must not do anything that interferes with the normal use of our Platform, Software, and/or Services.
12.6.15. Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
12.6.16. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
12.6.17. You are prohibited from copying, modifying, creating derivative works of, downloading, adapting, reverse engineering, emulating, migrating to another
service, translating, compiling, decompiling, or disassembling the Platform, the Software, the Services (or any part thereof), any content offered by Platform or
third party services for use and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without our prior
written and specific consent and/or as expressly permitted under these Terms;
12.7. Additional activities that are prohibited:
You may not access or use the Platform and/or our Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Platform, you agree not to:
12.7.1. trick, defraud, or mislead us and any other users, especially in any attempt to learn sensitive information;
12.7.2. circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of the Content and any part thereof or enforce limitations on the use of the Platform
and Services and/or the Content contained therein;
12.7.3. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services. Use any information obtained from the Platform in order to harass, abuse, or
harm another person;
12.7.4. make improper use of our Platform and/or Services or submit false reports of
abuse or misconduct;
12.7.5. use the Services in a manner inconsistent with any applicable laws or
regulations;
12.7.6. engage in unauthorised framing of or linking to the Services;
12.7.7. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform and/or Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform and/or Services;
12.7.8. attempt to impersonate another person or use the username of another person and/or Client;
12.7.9. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms');
12.7.10. interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform;
12.7.11. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
12.7.12. attempt to bypass any measures of the Platform and/or Services designed to prevent or restrict access to the Platform and/or Services, or any portion of the Platform and/or Services;
12.7.13. copy or adapt the Platform’s Software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
12.7.14. except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the Software comprising or in any way making up a
part of the Platform and Services,
12.7.15. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorised script or other
software;
12.7.16. make any unauthorised use of the Platform and/or Services, including collecting email addresses of other Clients or Service Providers by electronic or other
means for the purpose of sending unsolicited emails by automated means or under false pretences.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your access to our Platform and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services, if applicable.
13. CLIENT REPRESENTATIONS:
By using the Platform, you represent and warrant that:
13.1. all the information you submit will be true, accurate, current, and complete;
13.2. you will maintain the accuracy of such information and promptly update such information as necessary;
13.3. you have the legal capacity and you agree to comply with these Terms;
13.4. your use of the Platform shall be solely for your own purposes;
13.5. if you register on our Platform as the representative of any entity, you represent that you are authorised to act on behalf of such entity and that such entity shall be bound to comply with these Terms upon your acceptance of these Terms;
13.6. you are not an unsupervised minor below the age of 18 in the jurisdiction in which you reside and you are responsible for adhering to your country's laws when accessing our Platform and utilising our Services, given that the Company is located in London, United Kingdom;
13.7. you will not access the Platform through automated or non-human means, whether through a bot, script, or otherwise;
13.8. you will not use the Platform for any illegal or unauthorised purpose; and
13.9. your use of the Platform and/or Services will comply with all applicable laws and
regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, licensing, privacy, data protection, the transmission of technical data exported from England or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising).
LINKS TO THE THIRD-PARTY SITES:
14.1. We may provide links to third-party sites on our Platform as a convenience to Clients and Service Providers. You hereby acknowledge that when you access third-party sites, you do so at your own risk.
14.2. You understand that external sites are beyond our control, and we are not accountable for the content, functionality, accuracy, legality, appropriateness, or any other aspect of such external websites or resources. The inclusion of any link does not imply endorsement or sponsorship by us or any association with its operators.
14.3. We may provide access to services from external or third-party service providers, seamlessly integrated into our Platform. you acknowledge and agree that any issues or non-performance of such services will be addressed on a best-effort basis, subject to the pass-through obligations as agreed with the external/third-party service providers.
14.4. You are advised to exercise caution when navigating external sites and using integrated services and carefully review the terms and conditions and privacy policies of all off-website pages and other websites that they visit.
14.5. We reserve the right to modify or remove links to third-party sites and services at any time without notice. Continued use of our Platform constitutes acceptance of any modifications to the links provided.
14.6. You acknowledge that we collaborate with external or third-party service providers to enhance the user experience. Any collaborative efforts aim to improve services but are subject to the terms and conditions agreed upon with the respective service providers.
14.7. You may be notified when they are leaving our Platform and redirected to access a third-party site or service. Additionally, we are not responsible for any content,advertisements, products, or other materials available on external sites or through integrated services.
15. PLATFORM AVAILABILITY:
15.1. While we do our best to keep the Platform up and running all the time, we can't promise it will always be perfect. Sometimes, there might be interruptions, delays, orerrors, or the Platform might not be free of viruses. If there are any problems, we'll try our best to fix them as soon as possible.
15.2. You need the internet to use the Platform, and you'll have to cover the costs for that. We won't be responsible for those costs.
15.3. 15.4. The Platform might not work with every device out there, and sometimes we'll need to update it, which might make some parts temporarily unavailable.
We're not liable for any business losses or other indirect losses you might experience while using the Platform.
15.5. You're responsible for having the proper internet connection and devices to use our Services. If you use wireless devices, you might have to pay extra fees to your mobile network. And while we try to make sure our Services work on most devices, we can't guarantee they'll work perfectly on every single one.
16. PRIVACY POLICY:
Please take a moment to review our Privacy Policy which governs not only your visit to the Platform but also details the terms related to the collection of information from you, security measures, access to your data, and the transfer of your information. Rest assured, any personal information or data you share with us while using the Platform is treated with the utmost confidentiality and is strictly handled in accordance with our Privacy Policy, as well as applicable laws and regulations. If you have any objections to the transfer or use of your information, we kindly advise against using the Platform. Your privacy and trust are of utmost
importance to us, and we strive to maintain the highest standards of data protection and security.
17. TERMINATION:
17.1. These Terms shall remain in full force and effect while you use the Platform and/or Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS,WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES AND/OR PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
17.2. If we terminate or suspend your Account for any reason, you are prohibited fromregistering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
17.3. You have the liberty to terminate your Accounts whenever you wish by adhering to the instructions that are clearly outlined on the Platform.
17.4. Clauses including Indemnity, Disclaimer, and Limitation of Liability shall survive termination of these Terms.
18. MODIFICATIONS AND INTERRUPTIONS:
We reserve the right to change, modify, or remove the contents from the Platform and/or Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Platform. We cannot guarantee that the
Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform and/or Software, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without any notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform and/or Services during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
19. WARRANTIES AND DISCLAIMER:
19.1. THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR
THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, AND (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19.2. 12.7.7.: The Clients should be aware of the health risks and their allergies when selecting any hair and beauty services. It is strongly advised that you contact the Service Providers to obtain detailed information about the services offered and products used. We disclaim any liability for any harm or injury including but not
limited to burns, skin or eye rashes, hair damage, respiratory issues etc., that may occur as a result of using any hair and beauty services or products chosen by you. In case of a health or medical emergency, please call 999 or any other emergency services immediately. We further advise you to seek advice from a relevant qualified medical professional regarding any health condition or allergies that you worry about.
19.3. Location: You realise that we have no control over the location of the business of any of the Service Providers, nor do we take responsibility for their locality. You are responsible for choosing the Service Providers in any locality and you accept full responsibility in furtherance of risks that may accompany the same.
19.4. You acknowledge and agree that Beauty Spot is a Platform for facilitating connections between hair and beauty Service Providers and their Clients, and that we do not assume responsibility for the actions, representations, or outcomes of any Service Provider or Client. You further agree that any dispute arising from their use of the Platform shall be resolved between the parties involved, without involving the Company, except as required by applicable law.
19.5. Serviced Countries: The Platform and/or our Services are provided for you in the United Kingdom only. Whilst access to our Platform may be permitted from outside theUnited Kingdom, neither this Website nor our Apps are intended for such use and such persons access the Website and our Apps at their own risk.
19.6. You recognise that utilising Services and engaging with third-party services through the Platform involves inherent risks. We cannot ensure specific outcomes from such interactions and usage. Therefore, you assume all associated risks, liabilities, and potential harm that may arise from these interactions. These risks include but are not limited to, misrepresentation of information by third-party services, breaches of warranty or contract, rights violations, and any resulting claims or consequences.
19.7. The Platform only aggregates the Service Providers and advertises their business.You recognise that the Platform only acts as the introducer or the facilitator. The Company shall not be held accountable for any Service Provider, in case of loss of profit, goodwill, data or any other damage.
19.8. Except as provided in these Terms, no further warranty, condition, undertaking, or term, express or implied, statutory or otherwise as to the condition, quality, performance, or fitness for the purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
19.9. We do not recommend the use of the Services for hosting personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
20. LIMITATION OF LIABILITY:
20.1. We bear no responsibility for any secondary, resultant, or incidental harm that may occur due to the utilisation or inability to utilise the Platform and/or Services.
20.2. In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Platform and/or Services, even if we have been advised of the possibility of such damages.
20.3. We shall not be liable for:
20.3.1. unsuccessful transactions, delays, or financial losses due to events beyond our control or third-party services;
20.3.2. the Platform not meeting individual requirements, containing defects, or causing damage due to cyber attacks or other breaches beyond our control;
20.3.3. internet transmissions not being entirely private or secure; messages may be read by others; and/or
20.3.4. under various legal theories, we shall not be liable for loss of profits, revenue, goodwill, or any indirect or consequential damages arising from the use of the Platform and/or Services. You should be aware of potential risks in internet transmissions.
20.4. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for our Services to you, and such limitations will apply even if we have been advised of the possibility of such liabilities.
21. INDEMNIFICATION:
You are solely and exclusively responsible for your use of the Services:
21.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from andagainst any loss, damage, liability, claim, or demand received or suffered by us, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) your contributions; (2) your use of the Platform, Services, App, and/or the Content; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Platform with whom you connected via the Platform; or (7) any
inaccuracies or errors in the results provided by the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
22. DISPUTE RESOLUTION AND GOVERNING LAW:
22.1. You expressly acknowledge and agree that we shall have the right to enforce these Terms against you.
22.2. This Agreement shall be construed in accordance with the applicable laws of England.
22.3. In the event a dispute or difference arises in connection with (i) these Terms, or (ii) your access to or use of our Platform and/or Services, the parties to the dispute shall attempt in the first instance to amicably resolve such dispute through mutual consultations. If the dispute is not resolved within a period of 30 (thirty) days from the date of commencement of discussions or for a longer period as the parties may agree in writing, then a party may refer the dispute to arbitration. The arbitration shall be conducted in English by a sole arbitrator appointed jointly by the parties, as far as possible. The arbitration shall be administered by the London Court of International Arbitration (LCIA) in accordance with the LCIA Rules, which are deemed to be incorporated by reference into this clause. The arbitrator must issue a final decision within one (01) month from the commencement of arbitration proceedings. The place of arbitration shall be London, England. The award of the arbitration proceedings will be final and binding on both parties to the Agreement.
22.4. In the event that the dispute is not resolved through amicable negotiations, you agree to submit the dispute to the arbitration for determination. Notwithstanding the foregoing, you agree that (i) we have the right to bring any proceedings before any court/forum of
competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum, and (ii) any proceeding brought by you shall be exclusively before the courts in London, United Kingdom.
23. MISCELLANEOUS:
23.1. You understand that we will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions, or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence the provision of the Services as soon as reasonably practicable.
23.2. We may assign any or all of our rights and obligations to any person or affiliate entity at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.
23.3. You acknowledge that there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services.
24. CONTACT:
If you require further information or have any inquiries or concerns regarding the Terms, please do not hesitate to contact us in writing at: help@beautyspotapp.co.uk